LGPD: Understanding the General Data Protection Law
Technological advancements have changed the way organizations produce and store information. Today, data is seen as an important asset for companies. After all, reports on consumer profiles, behavior, and purchasing patterns can assist executives in decision-making.
However, it is necessary to guarantee the security of this data, so as not to expose clients, employees, and partners to potential embarrassment or even fraud. In order to establish guidelines for the collection, processing, and storage of personal data, the federal government enacted the LGPD – General Data Protection Law.
What is LGPD?
A Law No. 13.709/2018, The General Data Protection Law (LGPD), also known as LGPD, regulates the processing of personal data. Its main objectives are:
- To protect the fundamental rights of freedom and privacy and the free development of the personality of the natural person;
- to establish clear rules regarding the collection and processing of personal data;
- To promote free competition while guaranteeing data portability.
It is important to note that data processing may only be carried out with the consent of the data subject or, in specific cases, to comply with a legal obligation.
In the case of data considered sensitive, such as ethnic origin, religion, or political opinion, it is necessary for the data subject to consent to the use of the information in a specific and prominent manner. The LGPD (Brazilian General Data Protection Law) also has distinct guidelines for the processing of data from children and adolescents.
What are the principles of the LGPD?
According to the LGPD (Brazilian General Data Protection Law), data processing activities must always observe good faith and the principles of purpose, adequacy, necessity, free access, data quantity, transparency, security, prevention, non-criminalization, and accountability. Understand each of them.
Purpose
The processing of information can only be done for specific purposes, which must be communicated to the data subject at the time of collection.
The law makes it clear that subsequent processing in a manner incompatible with these purposes is not permitted. For example, if a company requests a customer's email address for the purpose of creating a... login In your online store, you cannot automatically use it to send promotions.
Adequacy
The processing of data must be appropriate to the purpose stated by the company at the time of collection and to its area of operation.
Need
Data storage should be limited to the minimum necessary to achieve its intended purposes. In other words, the company may only request information that will actually be used.
Free access
The data subject must have easy and free access to their personal information stored by the company.
Data quality
The company must ensure the accuracy, clarity, relevance, and timeliness of the data, in accordance with its intended purposes.
Transparency
The company must ensure that data subjects have clear, accurate, truthful, and accessible information about how their data is used.
Security
It is the company's responsibility to take security measures to protect personal data, even if access by third parties is unauthorized, such as in cases of legal actions. hackers.
Prevention
It is also the company's responsibility to take preventive measures in order to avoid harm resulting from data processing.
Non-discrimination
The data processed cannot be used for discriminatory, illegal, or abusive purposes.
Accountability and transparency
The organization must demonstrate compliance with personal data protection regulations and the effectiveness of its measures.
Which professionals will be impacted by the LGPD?
Even before the LGPD (Brazilian General Data Protection Law) came into effect, many professionals were already seeking training to deal with the new rules related to data processing. Check out some professions that have a direct link to the General Data Protection Law.
Lawyers
Many companies are looking for professionals who can provide consulting services and implement the LGPD (Brazilian General Data Protection Law). In this regard, lawyers Those with knowledge in Digital Law can benefit from excellent opportunities.
It is worth noting that LGPD specialists are highly valued by companies, since administrative sanctions for organizations that fail to comply with the law can reach R$ 50 million.
Read more: Digital Law: what it is and how to work in the field
Computer Engineers
You computer engineers Developers and other companies play a key role in the process of adapting to the LGPD (Brazilian General Data Protection Law) regulations, especially regarding the principle of security.
It is crucial that teams responsible for developing databases, systems, and applications are able to anticipate situations that could compromise data privacy. In this regard, professionals with knowledge of information security and LGPD (Brazilian General Data Protection Law) have a significant competitive advantage.
Digital Marketing Professionals
One of the areas that benefits most from the collection of personal data through digital means is the advertising sector and marketing. This department is responsible for generating leads, which are contacts of potential customers, as well as processing customer data for promotional purposes. Understanding the principles of the LGPD (Brazilian General Data Protection Law) is fundamental for the adaptation and regularization of campaigns, advertisements, email marketing, websites, and lead generation pages. leads.
Read more: Marketing strategies and their application in digital marketing
Now that you know what LGPD is and its importance for businesses, take the opportunity to read our article about it. Digital Law.
